Category Archives: DUI Case Law

Keeping you informed of changes in the law that impacts upon OVI practice in Ohio.

Lawyer Up! Use Your Right To Remain Silent

We frequently encounter jurisdictions that conduct “interviews” with a suspect following an arrest.  These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert.  You have the right to remain silent – use it!…
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DUI Expungements Still Not A Reality In Ohio

Ohio Senate Bill 143 (OH SB143) was passed in the Senate June 4, 2014, and signed by Gov. John Kasich June, 2014. The new expungement law shall become effective September 19, 2014.  This follows the 2012 change to Ohio's expungement law (Ohio Senate Bill 337) which changed the requirement of “first offender” to “eligible offender,”…
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Why The ALS Suspension Is Unconstitutional

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional.  The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am…
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Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment. In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail…
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Policing For Profit Approved By Ohio Supreme Court

If you were hoping that the Ohio Supreme Court would curtail a city's ability to implement policing for profit, you would be disappointed.  Last week, in Walker v. Toledo, Slip Opinion No. 2014-Ohio-5461, a divided Supreme Court ruled that cities in Ohio have complete freedom to set up tribunals that do away with due process protections…
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